Blog Profile / 43(B)log


URL :http://tushnet.blogspot.com/
Filed Under:Industries / Law
Posts on Regator:2550
Posts / Week:6.2
Archived Since:March 17, 2008

Blog Post Archive

Notre Dame Roundtable on Drassinower, part 1

4 months agoIndustries / Law : 43(B)log

Notre Dame Roundtable, What’s Wrong with Copying? (Abraham Drassinower’s book) Sponsored by the Program on Law and Market Behavior 8:40 a.m.-­ ? 10:15 a.m. Session I – Methodology and Implications • Mark Rose Historical approach: rights to manuscript or to the “copy,” an intangible thing. Show More Summary

competition no longer required for Lanham Act "commercial advertising or promotion"

4 months agoIndustries / Law : 43(B)log

Healthnow New York Inc. v. Catholic Health System, Inc., 2015 WL 5673123, No. 14–CV–986S (W.D.N.Y. Sept. 25, 2015) Healthnow, aka Blue Cross and Blue Shield of Western New York (BCBS), sued Catholic Health for violations of the Lanham Act and NY’s GBL, as well as for defamation. Show More Summary

Don't send misappropriation to do copyright's job

4 months agoIndustries / Law : 43(B)log

Alaskasland.com, LLC v. Cross, No. S­15270 (Alaska Sept. 25, 2015) A realtor group listed property adjacent to a neighboring subdivision, Susitna Shores, using three photos taken from the subdivision’s marketing materials, including one showing the subdivision’s stylized entrance sign. Show More Summary

Shoulda left my phone at home: court upholds most mandatory disclosure of radiation risks

4 months agoIndustries / Law : 43(B)log

CTIA – The Wireless Association v. City of Berkeley, No. C-15-2529 (N.D. Cal. Sept. 21, 2015) CTIA is a nonprofit that represents the wireless industry, including cell phone retailers. Berkeley enacted an ordinance that requires cell...Show More Summary

Right of publicity question of the day, pop music edition

4 months agoIndustries / Law : 43(B)log

I present to you Justin Blabaer beer. (Blabaer = blueberry.) Is this truly the only cure for "Blabaer fever"? Will it truly make you shout, "Oh, Baby!"? So many questions. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

Right of publicity question of the day

4 months agoIndustries / Law : 43(B)log

Does the mention of Lin-Manuel Miranda and his amazing, go-listen-to-it-right-now musical Hamilton, in this sponsored post at the Toast violate his right of publicity? http://tushnet.blogspot.com/feeds/posts/default?alt=rss

Silicon Valley darling uses negative option offers, attracts criticism

4 months agoIndustries / Law : 43(B)log

This Buzzfeed story suggests that JustFab, which received a billion-dollar valuation, has the same problems as previous FTC-targeted companies started by its founders. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

seeds of disaster: Syngenta must continue to fight claims based on genetically altered seeds

4 months agoIndustries / Law : 43(B)log

In re Syngenta AG MIR 162 Corn Litig., Nos. MDL 2591, 14–MD–2591–JWL, 2015 WL 5607600 (D. Kan. Sept. 11, 2015) Corn producers, non-producer corn sellers, and milo producers sued Syngenta because of its production of genetically altered corn, which allegedly harmed them in various ways. Show More Summary

More on VW and the DMCA

4 months agoIndustries / Law : 43(B)log

NPR has a short piece here. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

Notice and Notice Failure at BU, panel 8

4 months agoIndustries / Law : 43(B)log

Robert Bone – Notice Failure and Defenses in Trademark Law Bone’s basic argument: Principal notice issue in TM is uncertainty about scope, and principal problem is chilling effects. Bone finds an important distinction between unauthorized uses that implicate rights and uses that are valued only for efficiency reasons. Show More Summary

Notice and Notice Failure at BU, panel 7

4 months agoIndustries / Law : 43(B)log

Mark Lemley – Ready for Patenting Patent’s problematic approach to what we want to encourage when we grant a patent. Long struggle with what you are giving us is simply an idea/conception or an actual thing/reduction to practice. Various...Show More Summary

Notice and Notice Failure at BU, panel 6

4 months agoIndustries / Law : 43(B)log

Margaret Jane Radin – Patent Notice and the Trouble with Plain Meaning Notice is a cost and a cost-saver; hard to figure out its overall profile. Plain meaning as ever-receding ideal. Philips v. AWH (Fed. Cir. 2005); Festo (2002). In Philips, Fed. Show More Summary

Notice and Notice Failure at BU, panel 5

4 months agoIndustries / Law : 43(B)log

Lydia Loren – Fixation as Notice in Copyright Law 3 different roles: (1) protectability; (2) infringement—reproduction etc. require fixation; (3) preemption—no preemption for unfixed works. What kind of a notice function might fixation...Show More Summary

Notice and Notice Failure at BU, Panel 4

4 months agoIndustries / Law : 43(B)log

Orly Lobel – Enforceability TBD: From Status to Contract in IP and Human Capital Law Noncompete agreements: used to blur lines of IP regimes, make it harder to tell what is owned/ownable. Trade secret lawsuits are used in anticompetitive ways, to put startups out of business. Show More Summary

Notice and Notice Failure at BU, panel 3

4 months agoIndustries / Law : 43(B)log

Pamela Samuelson – Notice Failures Arising from Copyright Duration Rules Agrees w/ other expressions of concern about notice failures in copyright—here she focuses on notice failures related to the long duration of copyrights. More information about work’s © status was available with fixed duration. Show More Summary

Notice and Notice Failure at BU part 2

4 months agoIndustries / Law : 43(B)log

Annemarie Bridy – Three Notice Failures in Copyright Law Challenge of making online copyright enforcement meaningful. Notice is intimately connected to justice: usually required (except with strict liability). Failures to appreciate its necessity/failures to appreciate its sufficiency. Show More Summary

Notice and notice failure at BU: panel 1

4 months agoIndustries / Law : 43(B)log

Graeme Dinwoodie – Trademarks and Commercial Reality: registration systems/use systems; Industrial policy/consumer protection and registered/unregistered affect notice, but not sure how much compared to patent. Costs of inadequate notice may not be as great. Show More Summary

Notice and Notice Failure in Intellectual Property Law at BU, keynote

4 months agoIndustries / Law : 43(B)log

Boston University School of Law Welcome and introduction: Dean Maureen O’Roarke New clinic w/MIT—representing MIT students who need legal/IP help. Searching for an exec. director now—encourages applications. Stacey Dogan: Meurer & James...Show More Summary

Just another lawsuit out of Boston

4 months agoIndustries / Law : 43(B)log

Scholz v. Goudreau, 2015 WL 5554012, No. 13-cv-10951 (D. Mass. Sept. 21, 2015) Scholz and Goudreau were both members of the band Boston. Goudreau played guitar on the band’s first two albums, performing with it from 1976-1979 before leaving it in 1981. Show More Summary

omission from "comprehensive" database wasn't actionable misrepresentation

4 months agoIndustries / Law : 43(B)log

Alexso, Inc. v. First Databank, Inc., 2015 WL 5554005, No. CV 15-01893 (C.D. Cal. Sept. 21, 2015) Alexso makes kits that pharmacies use to compound prescription drugs. FDB publishes databases that provide information about drug products to the healthcare industry. Show More Summary

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